Action against the BBVA Bank

Hi to everyone on this thread,

firstly i'd like to say 'well done' to those who've fought hard and long to have their deposits refunded. secondly, a big thanks to everyone who posts on threads like this one. i find they are a source of much needed optimism and information.  just last week i phoned Antonio at DWF in Manchester to instruct him to start proceedings against BBVA. Like you i've been waiting for years to get my money back.  I still can't understand just how the system works when the bank has my money [that's undisputed] but won't give it back to me.  i mean, if i'd put that money into an account that i'd opened with that bank and asked for it back then i would expect to be able to get it back whenever i requested it. the situation i find myself in now is not really a great deal different - is it?  they have my money - i want it back. so why do i have to jump through so many hoops to get it?  there's no doubt that the banks can just walk over the individual. they have massive legal teams to tie us in knots and try to deter us from ploddling through the whole legal system and make us give up.  

i'd be really grateful if someone could please let me know what the process is for taking action against the bank. i'd be very interested to know approximately how long it might take from commencing action [ie asking your solicitor to start proceedings] to getting the first hearing.  also, can anyone please give me some idea of how much banks have offerred to settle out of court?  is it a set percentage, even, of the deposit paid?  one other thing that's puzzling me - some people seem to be going to Spain to attend at court for their preliminary hearing,  is this through choice? is it advisable? and can you chose which court to attend? has particular court been more sympathetic to depositors?

recardo - to answer your question - i chose DWF only on the word of someone [who used to post on this site], that is someone completely unknown to me,  and only because Manchester is only about 50 miles [65? kilometers] from my hometown. i thought it might be useful to be close to the solicitor.

sorry for all the questions but i'm sure you will agree we are all pretty well in the dark in the early stages of the process.  i wonder how many of us there are altogether.  i feel like making a [peaceful] protest outside the front doors of BBVA's headquarters!  would the press be interested do you think?  i might wait 'til the weather improves and then chain myself to the front door of the bank's hq. just a thought.

best wishes to you all,

John

My wife and I bought in Medina Golf, Granada, back in mid 2006, sinking every penny we had, and more, into the property. We had read many articles in property magazines and articles by 'property experts' all said what a great, fail-safe buy this was. It seemed the perfect location and would give us a dream life. However, at the end of 2008 we, like many other buyers around Spain, woke up to see the contract deadline elapse, followed by developer and then the builder go bust. The property is still standing today as an empty shell. Being a member of EOS for some time, we had read many of Maria's posts and felt she was the person we would entrust to get our money back. So, in early 2009 we contacted Maria for help. We were lucky enough to get a complete bank guarantee, but it still took three years, May 2012, until our case was heard. Fortunately we won, but the bank decided to push their luck and appealed. Again, this was won in April of this year. We have now recovered our deposit, costs and interest all thanks to Costluz Lawyers. We'd like to thank Maria, and especially Almudena, Mar and Keith, who looked after our case over these difficult years, and had to put up with constant nagging and frustrated emails from me. It is hard to believe the nightmare is now over. If you are still going through this, hang in there it will come to an end. The courts are slowly coming to their senses, thanks to the hard work of people like Maria and her team.

Best wishes,

ChrisW

hang in there guys, it just takes time. unfortunately!

hi Chrisw,  Thanks for your posting and congradulations on getting your deposit back.   All the people like yourself who attempted the court action in the early days showed bravery and should be an inspiration to us all.

A lot of people have probably use all their savings or even remortgaged etc to go for the dream that by all accounts, as you have said, was a no brainer, no way of loosing!  My plan was to rent it out to friends and family and take long holidays for 4-5 years and retire there.

At that time I was a landlord with 3 properties, and fortunate enough not to have to borrow the deposit money.  When it went pear shaped, i was pis---  off with Spain and was not going to throw more money into a legal fight with their corrupt system.

Now we all know deposits can be returned it makes the fight less daunting.  Lets all start claiming.

VALENCIA MAGISTRATES' COURT RULES THAT THE RELEASE AND PAYMENT SCHEDULE AGREED ON CREDITORS' AGREEMENT DON'T AFFECT TO BANK GUARANTEE.

This ruling is definitive.

More info on:

http://gmlegalexperts.blogspot.com.es/2013/12/gm-legal-experts-won-case-caso-ganado_18.html

Best Regards,

Guadalupe

hi everyone,

DWF have just confirmed that my claim has been lodged in Alicante court. We are claiming my deposit plus interest at 6% [from Dec 2005, which is when i paid my deposit]. My solicitor expects the initial hearing to be around july this year. he wrote that it is a' fact' that the bank will contest the claim.   i still think BBVA are behaving like bandits and bullies.  

Hi Hew1,

good luck with your claim.  there's a lot riding on the court's decision, isn't there?  all things being equal you should win the case, i guess.  enough precedents have been set with a goodly number of previous claims so unless there's some anomoly with your claim i can't see any outcome but a successful one for you.  when did you lodge your claim against the bank initially by the way?

regards,

John

Yeah i hope so John, our initial filing was at the end of 2012 then our first hearing was in July last year and our final one is May this year.